According to reports out of Atlanta, three Grady High School students were arrested after an incident off-campus in Piedmont Park during school hours.
The three students were arrested on charges of aggravated sodomy and false imprisonment in Georgia. There have been more incidents reported in the past couple of weeks. In addition to the criminal charges, the students are facing school disciplinary measures as well.
As a Georgia Sex Crimes Lawyer, I will outline the law behind aggravated sodomy in our state. Many times when sexual crimes occur and make the news, the offenses tend to be misrepresented and can be confusing. In today's post, I will clear up the law behind the offenses reported.
Aggravated Sodomy in Georgia
In order to properly explain aggravated sodomy in the state of Georgia, first a closer look at the law behind sodomy in Georgia is necessary.
Sodomy is defined in the Georgia Code in O.C.G.A. §16-6-2(a) as:
A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
A person convicted of sodomy will be punished by imprisonment for no less than one year, but more than twenty years. It will be considered a felony conviction. However, if the victim is between 13 and 16 years of age and the person convicted of sodomy is 18 or younger and no more than 4 years older than the victim, such person shall be guilty of a misdemeanor. In addition to prison or a fine, a defendant convicted of aggravated sodomy will be required to register as a sex offender.
Aggravated sodomy in Georgia is defined in the Georgia Code in O.C.G.A. §16-6-2(b) as:
A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age.
A person convicted of aggravated sodomy shall be punished by a life term in prison or by a split sentence that is no less than 25 years and no exceeding life in prison, followed by probation for life. In addition to prison or a fine, a defendant convicted of aggravated sodomy will be required to register as a sex offender.
Practice Note
Sex crimes in Georgia are commonly misnamed and explained improperly. The majority of the time sexual offenses are referred to as sexual assault in Georgia which is only applicable in certain situations.
If you or a loved one has been arrested in Georgia, contact our offices today. Especially regarding sex crimes, a Georgia Sex Crimes Attorney is your best defense. We can walk you through every step of the way, and we will let you know what all of your options are.
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